Part 2

Networks, services and the radio spectrum
Chapter 3

Disputes and appeals

Appeals

Appeals against decisions by OFCOM, the Secretary of State etc.
192
1
This section applies to the following decisions—
a
a decision by OFCOM under this Part or any of Parts 1 to 3 of the Wireless Telegraphy Act 2006 that is not a decision specified in Schedule 8;
b
a decision (whether by OFCOM or another) to which effect is given by a direction, approval or consent given for the purposes of a provision of a condition set under section 45;
c
a decision to which effect is given by the modification or withdrawal of such a direction, approval or consent;
d
a decision by the Secretary of State to which effect is given by one of the following—
i
a specific direction under section 5 that is not about the making of a decision specified in Schedule 8;
ii
a restriction or condition set by regulations under section 109;
iia
an order under section 124P;
iii
a direction to OFCOM under section 132;
iv
a specific direction under section 5 of the Wireless Telegraphy Act 2006 that is not about the making of a decision specified in Schedule 8.
e
a decision by the CMA to which effect is given by an order made under section 193A.
2
A person affected by a decision to which this section applies may appeal against it to the Tribunal.
3
The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.
4
The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.
5
The notice of appeal must set out—
a
the provision under which the decision appealed against was taken; and
b
the grounds of appeal.
6
The grounds of appeal must be set out in sufficient detail to indicate—
a
to what extent (if any) the appellant contends that the decision appealed against was based on an error of fact or was wrong in law or both; and
b
to what extent (if any) the appellant is appealing against the exercise of a discretion by OFCOM, by the Secretary of State , by the CMA or by another person.
7
In this section and Schedule 8 references to a decision under an enactment—
a
include references to a decision that is given effect to by the exercise or performance of a power or duty conferred or imposed by or under an enactment; but
b
include references to a failure to make a decision, and to a failure to exercise a power or to perform a duty, only where the failure constitutes a failure to grant an application or to comply with any other form of request to make the decision, to exercise the power or to perform the duty;
and references in the following provisions of this Chapter to a decision appealed against are to be construed accordingly.
8
For the purposes of this section and the following provisions of this Chapter a decision to which effect is given by the exercise or performance of a power or duty conferred or imposed by or under an enactment shall be treated, except where provision is made for the making of that decision at a different time, as made at the time when the power is exercised or the duty performed.
Words in s. 192(1)(d)(iv) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 28(b)
Words in s. 192(1)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 28(a)
Words in s. 192(6)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 43(3); S.I. 2014/416, art. 2(1)(f) (with Sch.)
S. 192(1)(e) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 43(2); S.I. 2014/416, art. 2(1)(f) (with Sch.)
S. 192 applied (6.4.2023) by The Trade (Mobile Roaming) Regulations 2023 (S.I. 2023/214), regs. 1(b), 10(2)
S. 192 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 192 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
S. 192(1)(d)(iia) inserted (6.4.2024) by Digital Economy Act 2010 (c. 24), ss. 20(2), 47(3)(a); S.I. 2023/792, art. 3(b)